Spouse migration rules ‘unfair’ to UK citizens, admits minister – BBC News

Posted February 11th, 2015 in citizenship, families, immigration, married persons, news, visas by sally

‘Home Office Minister James Brokenshire has admitted UK-born citizens who want to bring their spouses into the UK from outside the EU are getting a raw deal.’

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BBC News, 10th February 2015

Source: www.bbc.co.uk

D v UK exception remains exceptional in medical treatment cases under Article 3 – UK Human Rights Blog

Posted February 6th, 2015 in human rights, immigration, medical treatment, news by sally

‘The Court of Appeal has confirmed that foreign nationals may be removed from the UK even where their lives will be drastically shortened due to a lack of healthcare in their home states. Removal in those circumstances does not breach Articles 3 or 8 ECHR except in the most exceptional cases.’

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UK Human Rights Blog, 5th February 2015

Source: www.ukhumanrightsblog.com

Theresa May wins rapist deportation appeal – BBC News

Posted February 5th, 2015 in appeals, deportation, immigration, news, public interest, rape, tribunals by sally

‘A ruling that prevented the deportation of a Somali man who raped a pregnant woman has been successfully challenged by the home secretary.’

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BBC News, 5th February 2015

Source: www.bbc.co.uk

No broadening of Article 3 test in health cases – Free Movement

Posted February 5th, 2015 in appeals, health, human rights, immigration, news by sally

‘Unfortunately the Court of Appeal’s judgment in the Article 3 health test cases in GS (India) & Ors v The Secretary of State for the Home Department [2015] EWCA Civ 40 (30 January 2015) does not change very much for migrants with serious health conditions seeking to remain in the UK.’

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Free Movement, 4th February 2015

Source: www.freemovement.org.uk

Children held at Campsfield House immigration centre – BBC News

Posted February 3rd, 2015 in children, detention, immigration, news, reports by tracey

‘Three children were detained at a UK immigration centre despite a government commitment to end the practice, the HM Inspectorate of Prisons has found.’

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BBC News, 3rd February 2015

Source: www.bbc.co.uk

McCarthy and EU family permits – Free Movement

Posted January 29th, 2015 in EC law, families, freedom of movement, immigration, news, visas by sally

‘Last last year the Court of Justice of the European Union handed down judgment in the case of McCarthy v United Kingdom C-202/13. In some ways it is a very straightforward case: the UK is not permitted to require residence card holding family members of EEA nationals to apply for yet further documentation in the form of an entry permit.’

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Free Movement, 29th January 2015

Source: www.freemovement.org.uk

Witness statements by advocates – Free Movement

Posted January 29th, 2015 in advocacy, barristers, immigration, news, tribunals, witnesses by sally

‘Where something goes badly wrong at a hearing it is sometimes necessary for the advocate who was present to explain events as part of the appeal process. It has become customary in immigration proceedings for the advocate to have to write a witness statement and therefore, because he or she is by doing so giving evidence, to stand down from the case and hand over to a colleague. Upper Tribunal judges have seemed insistent that an advocate can barely breath a word of what might have happened at the previous hearing without spontaneously combusting.’

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Free Movement, 28th January 2015

Source: www.freemovement.org.uk

Regina (Byczek and another) v Secretary of State for the Home Department – WLR Daily

Posted January 20th, 2015 in deportation, immigration, law reports, regulations, ultra vires by sally

Regina (Byczek and another) v Secretary of State for the Home Department [2014] EWHC 4298 (Admin); [2015] WLR (D) 7

‘Regulation 24A of the Immigration (European Economic Area) Regulations 2006 was within the ambit of the rule making power in section 2(2)(b) of the European Community Act 1972.’

WLR Daily, 19th December 2015

Source: www.iclr.co.uk

Regina (Mohammed) v Secretary of State for the Home Department – WLR Daily

Posted January 14th, 2015 in asylum, detention, EC law, immigration, law reports by tracey

Regina (Mohammed) v Secretary of State for the Home Department; [2014] EWHC 4317 (Admin); [2015] WLR (D) 4

‘Where the Secretary of State for the Home Department had detained a person because she had innocently suspected that they should be returned to a third country under the principles in Council Regulation (EC) No 343/2003 (“the Dublin II Regulation”), but subsequent case law demonstrated that liability to Dublin II return did not arise, then that detention was unlawful.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

Female detainees at Yarl’s Wood routinely humiliated, claims report – The Guardian

‘Women detained in the Yarl’s Wood immigration detention centre are routinely humiliated by male staff who monitor them while they are dressing, showering and using the toilet, or are naked in their rooms, a report into the treatment of female asylum seekers reveals. The report, by the charity Women for Refugee Women, noted that many female asylum seekers detained at Yarl’s Wood, in Bedfordshire, have been victims of sexual violence in their home countries.’

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The Guardian, 14th January 2015

Source: www.guardian.co.uk

Sham marriage stopped after groom uses iPhone translate function to talk to ‘fiancee’ – Daily Telegraph

Posted January 13th, 2015 in fraud, gangs, immigration, marriage, news, sentencing by sally

‘Avtar Singh caught after raising suspicions by accessing translation app to communicate with future Czech wife.’

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Daily Telegraph, 12th January 2015

Source: www.telegraph.co.uk

Good character citizenship criteria quietly tightened up – Free Movement

Posted January 9th, 2015 in citizenship, immigration, news, refugees by sally

‘The Home Office has quietly tightened up the criteria for granting British citizenship under the good character test. This had passed me by so I thought it useful to flag up – and many thanks to Alex Moran for point it out. A number of undesirable behaviours have been added to the list of disqualifying behaviour, including illegal entry, assisting illegal migration and evasion of immigration control. The changes seem to have been made on 11 December 2014. The previous version of the guidance can be seen here and the new version here.’

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Free Movement, 8th January 2015

Source: www.freemovement.org.uk

Immigrant children still being detained, figures show – The Independent

Posted January 9th, 2015 in children, detention, immigration, news, statistics by sally

‘More than 600 children, the majority under 12 years old, have been put in detention under immigration rules in the four years since the Government claimed to have ended the controversial practice.’

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The Independent, 8th January 2015

Source: www.independent.co.uk

‘Deport first, appeal later’ measures start to bite – Home Office

Posted January 8th, 2015 in appeals, deportation, immigration, news by sally

‘Nearly 800 foreign criminals are being kicked out of the country as tough new ‘deport first, appeal later’ measures start to have an impact.’

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Home Office, 6th January 2015

Source: www.gov.uk/home-office

Detention: the black hole at the heart of British justice – The Independent

Posted January 8th, 2015 in asylum, bills, detention, immigration, news, time limits by sally

‘It has been described as the “black hole at the heart of British justice”. Thousands of people, most of whom have been convicted of no crime, detained for as long as government officials wish.’

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The Independent, 6th January 2015

Source: www.independent.co.uk

Judicial toolkit for dealing with miscreant immigration lawyers – Free Movement

Posted January 7th, 2015 in appeals, barristers, immigration, judicial review, news, solicitors, witnesses by tracey

‘The previously reported case of R (on the application of Bilal Mahmood) v Secretary of State for the home Department (candour/reassessment duties; ETS :alternative remedy) IJR [2014] UKUT 439 (IAC) has been re-titled and I think the headnote has been supplemented as well. The case is important on the ongoing saga of how far out of country appeals are an adequate remedy (relevant but far from determinative in the context of the very different statutory context of section 94B “deport first appeal later” certificates) and the current President’s impatience with the conduct of judicial review proceedings (see also Muwonge). The judgment goes a lot further than that though, and the headnote is very far from a complete guide to the case.’

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Free Movement, 7th January 2015

Source: www.freemovement.org.uk

Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another (British Red Cross Society, intervening) – WLR Daily

Posted January 6th, 2015 in appeals, charities, human rights, immigration, law reports, legal aid by sally

Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another (British Red Cross Society, intervening) [2014] EWCA Civ 1622; [2014] WLR (D) 547

‘Provisions in the Exceptional Funding Guidance (Non-Inquests), issued by the Lord Chancellor under section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, although correctly identifying many of the particular factors which were to be taken into account by the Director of Legal Aid Casework and legal aid caseworkers in deciding whether to make an exceptional case determination for legal aid in a particular case, mis-stated the discretion conferred by section 10(3)(b) of the 2012 Act, and failed to comply with both article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, and article 47 of the Charter of Fundamental Rights of the European Union, by impermissibly sending a clear signal to the director and the caseworkers that the refusal of legal aid would amount to a breach only in rare and exceptional cases.’

WLR Daily, 15th December 2014

Source: www.iclr.co.uk

Thousands detained under controversial immigration powers – Daily Telegraph

Posted January 6th, 2015 in detention, immigration, news, statistics by sally

‘Newly released Home Office figures show that 3,378 people have been detained under divisive immigration laws – including some held for years.’

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Daily Telegraph, 5th January 2015

Source: www.telegraph.co.uk

Yarl’s Wood: UN special rapporteur to censure UK government – The Guardian

‘The official report of the UN special rapporteur on violence against women, Rashida Manjoo, will censure the UK government for preventing her from inspecting Yarl’s Wood detention centre in Bedfordshire.’

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The Guardian, 3rd January 2015

Source: www.guardian.co.uk

Exceptional legal aid funding should not be limited to extreme cases – Court of Appeal – UK Human Rights Blog

Posted December 18th, 2014 in appeals, human rights, immigration, legal aid, news by sally

‘The Court of Appeal has ruled that the Lord Chancellor’s Guidance on exceptional funding in civil legal aid is incompatible with the right of access to justice under Article 6 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. The Court has further decided that this Guidance was not compatible with Article 8 of the ECHR in immigration cases; in other words, that legal aid should not be refused when applicants for entry to the UK seek to argue that refusal of entry would interfere with their right to respect for private and family life.’

Full story

UK Human Rights Blog, 17th December 2014

Source: www.ukhumanrightsblog.com